Tuesday, February 17, 2009

Law ethics notes

5 freedoms of the first amendment:
1.press
2.petition
3.religion
4. speech
5.assembly

The Tinker Standard:
-The U.S. sepreme court recognizes that the first amendment protects on-campus student speech. -Does not include unlawful speech and physically disruptive speech.

The Fraser Standard:
-Sepreme court says in the school there are limitations on speech if they think it is indecent.

The Hazelwood Standard:
-Reduces the level offirst amendment protection provided to most school sponcered student media at public high schools, "reasonably related to legitimate teaching concern"
-Ex. The "sofa king" shirts ; publishing a story in the school news paper a story about pregnant teenagers.

The Frederick Standard:
-Students suspended for 10 days for holding up a sign that says "bong hits 4 Jesus", off of school grounds. Since it was a "field trip" court ruled in favor of the school.

Rights outside of school:
-School can not censor things about the school out side of school
-Ex. under-ground newspaper even if it has the school name (Eastview Daily) as long as its off of eastview property can not be cencored by Eastview.

Three types of student web sites:
-Sites that are offensive. obnoxious and insulting(Fine, no trouble)
-Sites that are offensive, obnoxious, insulting, and also contain some sort of veiled threat of violence or of destruction of property.(If there are threats=bad, possible trouble)
-Sites that contain outright blatant threat (Ex. post columbine). (Huge trouble)
-Ex. Facebook issue at eden prarie and woodbury high school.

Libel:
-definition: Publication of a false statement of fact that seriously harms someone's reputation
-PUBLICATION: Ex. articles, headlines, photo captions, ads.
(note: knowing something is true and proving something is true can be two different things)

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